Posted by
ByGeorge on Monday, August 03, 2009 7:52:11 PM
If
the Constitution is to be construed to mean what the majority at any
given period in history wish the Constitution to mean, why a written
Constitution?
(Frank J. Hogan)
Indeed, if the
Constitution has no more meaning than what an elite group says it means
than why did the Founding Fathers so painstakingly write the
Constitution. Why not just establish some tribunal to decide?
But
the Founding Fathers did intend and establish the Constitution as the
SUPREME law of the land. (see Article VI of the US Constitution) They
understood the nature of men and knew that when someone was in power,
unless they were bound by something they could not violate, a person
tended to become tyrannical. The Constitution as the SUPREME law of the
land sets the foundation for all other law. It sets limits on what our
federal government can and cannot do. It establishes a system of checks
and balances in recognition of human nature to subdue the ability of
someone to become a tyrant though it can never subdue that desire.
The
Constitution is a contract with the American people and the states.
Just as in a contract it establishes the rights and authorities of all
parties involved. Just as in a contract it establishes how the contract
can be changed or altered. As a contract it should be interpreted on
the original intent. If all parties to the contract can agree on
changes they can alter the contract in accourdance with the provisions
provided in the contract, but one party does not have authority to make
alterations without the formal consent of the others.
This contract grants authority to the government. And without this contract the government has no legitimate authority.